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This chapter finally presents and explains the many procedures and devices that courts can use to make determinations of constitutional facts and still preserve the possibility of decisions about them being made through the ordinary democratic process. It argues that, when facing moral facts, the Supreme Court can exclude the binding effect of its judgment, adjudicating between parties only, not completely theorize fundamental rights or decide according to proportionality.

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Facts and Institutional Dialogue. How to Decide Without Undercutting Further Deliberation and in Attention to the Development of Scientific Facts

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  • 发表日期：

    2026年

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  • Luiz Guilherme Marinoni

摘要

This chapter finally presents and explains the many procedures and devices that courts can use to make determinations of constitutional facts and still preserve the possibility of decisions about them being made through the ordinary democratic process. It argues that, when facing moral facts, the Supreme Court can exclude the binding effect of its judgment, adjudicating between parties only, not completely theorize fundamental rights or decide according to proportionality.